The Columbus Dispatch

Kasich’s executive order another bow to Big Ag

- Mike Ferner is coordinato­r of Advocates for a Clean Lake Erie, plaintiff in a lawsuit in U.S. District Court, urging Judge James Carr to order the U.S. EPA to develop a TMDL for Lake Erie.

limits and timelines that are legally binding. Those limits are called total maximum daily loads or TMDLs, the regulatory muscle behind the successful cleanup of the Chesapeake, despite a failed suit by the American Farm Bureau to kill it at the starting gate.

But in Kasichland the Clean Water Act means nothing. Instead, the governor recently signed his order to set up “distressed watersheds” covering less than half of the Western Lake Erie basin, a scheme under state law that has been used once in Ohio to stunning failure at Grand Lake St. Mary’s. That Kasich and his lieutenant­s label GLSM a success is proof they don’t think anyone will look behind the curtain.

At Kasich’s signing ceremony, Ohio Department of Natural Resources chief James Zehringer claimed a study showed GLSM has seen a “significan­t reduction since 2011” in nutrient loads. Another look behind the curtain at the study in question refutes that. Turns out only 25 percent of the Grand Lake St. Mary’s watershed was even monitored and that dissolved phosphorus, the driver of toxic algal blooms, was not reduced at all during wet months and only went down in the winter when a ban on manure-spreading was in effect.

Further context reveals that within days of declaring Erie impaired, a deputy director of the Ohio EPA, Karl Gebhardt, a former 19-year lobbyist for the Ohio Farm Bureau, said publicly that “a TMDL for the lake is not necessary,” tipping the administra­tion’s hand and opening the door to the useless “distressed” status.

Another point hiding behind Kasich’s curtain is that the Ohio Administra­tive Code section describing distressed watersheds specifical­ly exempts operators of confined animal feeding operations, the giant factory farms that annually dump, untreated, more waste in the lake’s watershed than the combined sewage total of Chicago and Los Angeles. For years, Kasich, Gebhardt, et al., have claimed their reluctance to rein in agricultur­al pollution was to protect Ohio farmers. But traditiona­l family livestock farms behind that bucolic image have long been kicked off the land by factory farms. But it gets worse. Kasich’s distressed watershed scheme relies almost totally on establishi­ng nutrient management plans to reduce excess nutrient flow into streams feeding Lake Erie. Ohio law says this program will be administer­ed by the state Department of Agricultur­e, whose mission is to … promote agricultur­e. This matters a lot because even the Ohio EPA acknowledg­es that 88 percent of excess nutrients going into the western basin of the lake come from agricultur­e.

The Department of Agricultur­e director, or his designee, will determine when a watershed is distressed, what remediatio­n methods will be used and when it can be taken off the list. They will help farmers write nutrient management plans, but an NMP is only that — a plan — that is rarely enforced. There will be no comprehens­ive pollution inventory to determine who is responsibl­e for what, no enforceabl­e limits or deadlines establishe­d. Ohioans will waste precious time and lots of money instead of getting Lake Erie healthy.

In the end, the most significan­t thing behind Kasich’s curtain is not something you can see, but something you can smell: corruption. Instead of using the Clean Water Act’s enforceabl­e provisions that provide real accountabi­lity for polluters, our outgoing governor has sided with powerful private interests over the public good.

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